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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Earl of Eglinton v James Hay of Tourlands. [1630] 1 Brn 308 (20 February 1630)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: The Earl of Eglinton
v.
James Hay of Tourlands
20 February 1630 Click here to view a pdf copy of this documet : PDF Copy
The Earl of Eglinton gives a bond to the Laird of Capringtoun, submitting to him to decern what right his Lordship should give to James Hay of Tourlands for his teinds. The Laird of Capringtoun, five years after the giving of the bond, gives out his decreet, making mention therein, that, upon the very day the bond was made, he pronounced his decreet, in presence of the said Earl and other witnesses, contained in the decreet. The Earl alleges this decreet was null, as not pronounced and put in writ year and day after the submission. It was answered by Tourlands, That this practique anent expiring of submissions, within year and day, was only in submissions where a blank day was left in the submission, which was not in this bond, and that the judge might pronounce his decreet when he pleased; which the Lords sustained, but pronounced not their interlocutor, but agreed the parties by submission.
Page 59.
The electronic version of the text was provided by the Scottish Council of Law Reporting